词汇 | Title2 |
释义 | `1`Title2 `2` "Legal Lexicon": Title by original acquisition is acquired, 1st. By occupancy. This mode of acquiring title has become almost extinct in civilized governments, and it is permitted to exist only in those few special cases, in which it may be consistent with the public good. First. Goods taken by capture in war were, by the common law, adjudged to belong to the captor, but now goods taken from enemies in time of war, vest primarily in the sovereign, and they belong to the individual captors only to the extent and under such regulations, as positive laws may prescribe. Secondly. Another instance of acquisition by occupancy, which still exists under certain limitations, is that of goods casually lost by the owner, and unreclaimed, or designedly abandoned by him; and in both these cases they belong to the fortunate finder. - 2d. Title by original acquisition is acquired by accession. See Accession. - 3d. It is acquired by intellectual labor. It consists of literary property as the construction of maps and charts, the writing of books and papers. The benefits arising from such labor are secured to the owner. 1. By patent rights for inventions. See Patents. 2. By copyrights. See Copyrights. The title to personal property is acquired and lost by transfer, by act of law, in various ways. 1. By forfeiture. 2. By succession. 3. By marriage. 4. By judgment. 5. By insolvency. 6. By intestacy. Title is also acquired and lost by transfer by the act of the party. 1. By gift. 2. By contract or sale. In general, possession constitutes the criterion of title of personal property, because no other means exist by which a knowledge of the fact to whom it belongs can be attained. A seller of a chattel is not, therefore, required to show the origin of his title, nor, in general, is a purchaser, with-out notice of the claim of the owner, compellable to make restitution; but, it seems, that a purchaser from a tenant for life of personal chattels, will not be secure against the claims of those entitled in remainder. To the rule that possession is the criterion of title of property may be mentioned the case of ships, the title of which can be ascertained by the register. To convey a title the seller must himself have a title to the property which is the subject of the transfer. But to this general rule there are exceptions. 1. The lawful coin of the United States will pass the property along with the possession. 2. A negotiable instrument endorsed in blank is transferable by any person holding it, so as by its delivery to give a good title "to any person honestly acquiring it." legislation. That part of an act of the legislature by which it is known, and distinguished from other acts the name of the act. A practice has prevailed of late years to crowd into the same act a mass of heterogeneous matter, so that it is almost impossible to describe, or even to allude to it in the title of the act. This practice has rendered the title of little importance, yet, in some cases, it is material in the construction of an act. persons. Titles are distinctions by which a person is known. The constitution of the United States forbids the tyrant by the United States, or any state of any title of nobility. Titles are bestowed by courtesy on certain officers; the president of the United States sometimes receives the title of excellency; judges and members of congress that of honorable; and members of the bar and justices of the peace are called esquires. Titles are assumed by foreign princes, and, among their subjects they may exact these marks of honor, but in their intercourse with foreign nations they are not entitled to them as a matter of right. literature. The particular division of a subject, as a law, a book, and the like; for example, Digest, book 1, title 2; for the law relating to bills of exchange. rights. The name of a newspaper a book, and the like. Go to Title3 |
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